Recording Law for Police & Civil Rights in New Hampshire

New Hampshire requires everyone in a conversation to agree before you can legally record it. This is called "all-party consent." The law is in RSA 570-A:2, which makes it a crime to intercept any "oral communication" or "telecommunication" without the consent of all parties. An "oral communication" is any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation. Phone calls are covered automatically as "telecommunications," with no consent gate. Breaking this rule can lead to criminal charges and civil lawsuits, even if you didn't mean to break the law.

Despite the strict all-party consent law, federal courts have ruled that openly recording on-duty police performing public duties in public is protected by the First Amendment. In Gericke v. Begin (2014), the First Circuit Court of Appeals — which covers New Hampshire — affirmed the district court's denial of qualified immunity to the officers, holding it was "clearly established" that citizens have the right to film police during traffic stops and other public encounters. This builds on an earlier First Circuit case, Glik v. Cunniffe (2011), which established the same right. The key is that the recording must be done openly, without interfering with the officer's work, and from a safe distance.

Recording video without audio is unrestricted in New Hampshire. The state's wiretapping law only applies to audio recordings, not video. This means you can film police encounters with your phone or camera as long as you're not recording their conversations. Just be careful not to cross into areas with heightened privacy expectations, like bathrooms or locker rooms, where separate laws such as RSA 644:9 may apply.

New Hampshire doesn't have a bright-line rule that all public places allow recording. Instead, it depends on whether the speaker had a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation. For example, if an officer is shouting orders in a busy intersection where bystanders could easily hear without a device, a court might treat that speech as falling outside the definition of a protected "oral communication." But if the conversation is quiet or private, you'd need everyone's consent to record it legally. Because no New Hampshire Supreme Court decision has squarely resolved this fact pattern, courts analyze these situations on a case-by-case basis. When in doubt, record openly without audio or keep a safe distance.

Imagine you're pulled over on a quiet side road at night. The officer approaches your car, asks for your license, and starts questioning you about where you're coming from. You decide to record the encounter with your phone, but you keep the audio off to avoid any issues with New Hampshire's all-party consent law. You hold the phone up where the officer can see it, making it clear you're recording. The officer tells you to stop recording, but you continue from a safe distance. This scenario is legal under New Hampshire law because you're recording openly, without interfering, and not capturing audio.

Recording someone without their consent in New Hampshire can lead to serious consequences. Under RSA 570-A:2, it's a Class B felony to intercept an oral communication or telecommunication without all parties' consent, while a party-to-the-call interception done without required Attorney General approval is a misdemeanor. You could also face a civil lawsuit under RSA 570-A:11, which allows the recorded person to sue for liquidated damages of $100 per day or $1,000 (whichever is greater), plus punitive damages, attorney's fees, and costs. The law does provide a good-faith defense, but that doesn't mean you should take the risk.